NOBLESVILLE, Ind. (WTHR) - The 13-year-old accused of shooting a teacher and fellow student at Noblesville West Middle School in May admitted guilt in all 11 counts against him Monday.
The day-long hearing filled the Hamilton County Circuit Court to its 56-seat capacity, with at least another dozen people forced to wait outside because the judge didn't allow standing.
Victims speak
Jason Seaman, the teacher who tackled the shooter to the ground almost instantly, said he didn't realize the shooter had a gun until "I felt the pressure in my abdomen" when the student shot him the first time.
His students were taking a test in second period that day. The shooter finished his quickly, then asked to use the bathroom.
While he was out, he got his backpack from his locker first then took it into the bathroom with him. There, he took out the guns, ammo and knife hidden inside, and returned to class. The bag also included ammo for a third gun, a 9mm that he'd left at home.
When he got back to class, Seaman was helping Ella Whistler with a question she had about her test.
And he opened fire.
Seaman was holding a mini-basketball at the time. He acted like he was going to throw it at the shooter a few times to distract him, before finally throwing it as hard as he could. Seaman said all teachers had been told during active shooter training to throw things at the gunman. The district has provided such training since he started teaching at Noblesville West four-and-a-half years ago.
The double-fake and ball throw worked to distract the shooter long enough for Seaman to tackle him in what Seaman could best describe as a bear hug, pinning him to the ground with one hand on each of the shooter's wrists. The rest of his students all looking to him for direction, he just yelled for them to run, get out of the classroom and call 911.
Another teacher was walking by outside the classroom door when the shooting began and saw everything. That teacher immediately helped get all of the other students out of the classroom and warned the front office and had them call 911 and called for the school resource officer.
As the students were running out, Seaman asked the shooter if he had any more guns, and the shooter told him where his second gun was, plus all of his additional ammunition and his knife.
A third school employee helped Ella Whistler, followed quickly by the school resource officer who cuffed the shooter.
That's when Seaman took stock of his injuries.
"I had a white shirt on; it was mostly red at that point," Seaman said.
In all, Seaman testified he was hit three times: first in the left abdomen, a bullet that went through-and-through. He was also hit in his right forearm and right hip; both of those bullets are still lodged in his body and will stay there likely for the rest of his life.
Because of that, his right hip is sore and stiff and causes pain, especially in the mornings after working out. He said it takes a few steps for him to walk out the stiffness each morning when he wakes up and anytime he stays seated for longer periods of time.
The shooting has also changes how he interacts with the world, to an extent. Seaman describes himself as a largely laid-back guy, but he now feels on-edge and senses his fight-or-flight response get triggered at shadows. He also jumps - as do most of his students - anytime there's a knock on his classroom door. In his family life, he now feels a sense of uncertainty at the future, including the safety of himself, his wife and his children.
All victims are allowed to tell the court what sentence they think the shooter should face. Seaman said, "Since there was an attempt on my life, an attempt on Ella's life, I think he should be detained and removed from society until we can be 100 percent sure he is no longer a danger to himself or others."
Ella Whistler's parents testified on her behalf because Ella herself didn't want to be there. Her mother, Julia, said Ella didn't want to see or be in the same room as the shooter ever again.
Her father, Cory, described Ella as free-spirited and the life of the party.
"People like to be around her just because of the energy she has," he told the court.
Julia found out Ella had been hurt when a friend of hers said her own daughter, who also goes to Noblesville West, saw Ella being carried away from the school on a stretcher.
She was active in school and church, playing volleyball, joining the drama club and trying out for the cheerleading squad. Since the shooting, she's had to drop all contact sports, including volleyball. The damage done do her right clavicle is severe enough the family was told at Ella's last medical appointment not to expect her to ever see 100 percent recovery of her right arm.
"There were times when she was screaming" while stretching during rehab because the nerve damage is so severe, Julia testified.
It's left her unable to do anything that requires two hands from tying her shoes to washing her hair in the shower or getting dressed in the morning.
"Our life was changed on that day because of a choice....I would like to see the juvenile receive the maximum sentence," Cory said at the end of his testimony.
The shooter
The shooter's mother said her son's childhood was good and their lives were "calm until this May."
The shooter's father is a veteran, who keeps guns in the house in a basement storage room in a gun safe. His mother went on to say they taught the shooter responsible gun ownership and safety.
The mother said nothing was out of the ordinary that day. They were planning things for the weekend and she told him to have a good day.
What their son had been doing without their knowledge meant it would be anything but a good day, though.
A police officer testified searches on the shooter's electronic devices had terms including "Noblesville West Middle School blueprints," Sandy Hook, Columbine and "What was the largest mass shooting in America?". He also visited a forum on making weapons your own bladed weapons.
They also found a video he recorded at 1:01 a.m. Friday morning, mere hours before the shooting, showing him holding the guns used in the shooting, loading ammunition into them and saying there will never be another video posted to his channel, because he was going to take his own life and some others' lives before that. He said, "I can't wait," thinking about how it was going to end up on the news afterward.
It was a news alert that alerted his mother to the shooting, and she though, "Oh my God, that's [my son's] school."
She went to pick him up at the high school with other parents assuming he'd be among the other students and victims. She said "it didn't cross my mind" that her son could have been the shooter.
At this point in his mother's testimony, the shooter is crying at the defense table.
The shooter's mother said he had a few behavioral issues at school before and at home had lit a trash can and other items on fire. The parents scheduled a meeting with the fire chief who talked to their son about fire safety.
An analysis of his phone showed the shooter texted three fellow students warning them not to come to school the day of the shooting. They apparently either didn't believe him, because none stayed home nor did any of them warn authorities what he'd said.
The shooter has seen a counselor nine times since his arrest, and will continue to do so. The counselor testified in the nine sessions he's had with the shooter, what happened May 25 at Noblesville West Middle School has not come up. When prosecutors asked if it was unusual for someone in a detention center to go so long without talking about the reason why he was in the detention center, and he said no - but he also has never talked to anyone in a detention center before.
The counselor recommended intensive inpatient treatment for the shooter in a secure environment. He thinks any issues the shooter has can be taken care of with treatment.
The defense's final witness, who works with the Marion County Public Defender Agency, said the shooter lacked the trauma and instability that other juvenile offenders had and he didn't have the buildup other juvenile offenders have. He has talked to 15 treatment centers across the state and at least one is willing to take the shooter. He would continue school and get individual, group and family therapy.
The shooter's mother spoke directly to Jason Seaman as he sat in the courtroom, saying, "I'm sorry this happened to you....I can't thank you enough for what you did....You saved [his] life as well."
Speaking to the Whistlers, she said, "I can't put myself in your place. If we could do anything to change this, obviously we would."
The commander of the detention center where he is currently being held testified that his behavior has largely been on the upswing during his time there. That good behavior earned him a pack of Legos to build with while he sat in his cell.
He got those on August 28. On October 26, video surveillance inside his cell showed he was using those Legos to build a rifle, complete with stock, magazine and sighting. A search of his cell the same day found a paper with a list of items he hoped he would have if he was moved to a residential treatment center, including violent video games.
The blocks were taken away from the shooter October 28 when the commander returned to the detention center.
The shooter himself never testified, though his attorneys did read a letter he'd written. It said, in full:
"Sorry if I’m not a very good writer.
"What happened on May 25th was a tragedy. And, if I could, I would take it all back.
"I’m sorry to all the people I scared and hurt. I feel so bad for what I put you through, and I wish it would have never happened. I am so sorry to Ella and Mr. Seaman. Ella, I’m sorry for the pain I caused you. I wish I could have just been the geeky jokester who annoyed you. I know you’ll always be affected by what I did, and I want you to know I am terribly sorry. Mr. Seaman, I’m sorry that I hurt you, and scared you. I thought you were a good teacher, and I appreciate you always being nice and fair to me. Thanks for protecting everyone, and probably saving my life too.
"Your Honor, I can’t explain why I did what I did. I know what I did was terrible, and maybe unforgivable. I’m ashamed about what I did. I want to get help to understand why this happened, so it never happens again. I want to show everyone that I’m going to do what I have to do to figure things out. Once I do, I hope for a chance to live a normal life, and try to make up for what I’ve done.
"I recognize the terrible things I have done, and how it has effected everyone. I will accept any consequence you give me. I want to thank everyone who has tried to help me, my mom and dad, and the rest of my family, Pastor Joe, and all the staff at the juvenile detention center.
"I want everyone to know that I’m sorry for what I’ve done."
What comes next
If the shooter had been charged as an adult, he would have faced 11 counts, including attempted murder and aggravated battery. The case cannot be heard in adult court, though, because state law prohibits a 13-year-old from being waived into adult court for anything other than murder. Anyone as young as 12 can be tried as an adult for murder in Indiana, but the statute has not been interpreted to include attempted murder, according to Hamilton County Prosecutor D. Lee Buckingham.
The prosecution wrapped up the day asking the judge to send the shooter to the Department of Correction's juvenile center while maintaining wardship of the shooter through the court. His treatment could be done in as little as 6-9 months; if the court maintains wardship, the judge could order further treatment at a private facility after the shooter is released by DoC if he believes the shooter would benefit from it.
"He is obsessed with violence being committed upon innocent people," one of the prosecutors said during their final arguments. They said he had no real motive or reasoning that anyone has been able to decipher at this point; "He chose to shoot and kill people - period."
Prosecutors also asked for a no contact orders protecting both Jason Seaman and Ella Whistler, and for the shooter to be placed on probation until his 21st birthday - the maximum allowed under state law.
The defense is asking for a private facility to house and treat the shooter. They believe a private facility would be better equipped to treat the shooter, as opposed to the Department of Correction. One defense attorney characterized the DoC as nothing but "an assembly line" where they would just "check boxes" until they could discharge him as quickly as possible, putting both the shooter and community at greater risk.
The judge declined to hand down his decision Monday, taking the matter under advisement instead. If he does decide to send the shooter to the Department of Corrections, the shooter would end up at either Logansport or Pendleton.
The next court hearing is scheduled for next Wednesday, Nov. 14 at 9 a.m. For now, the shooter continues to be held at the Hamilton County Detention Center's juvenile facility.